송유관안전관리법위반등
1. Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.
2. Defendant A shall be punished by imprisonment.
1. Summary of grounds for appeal;
A. Each punishment of Defendant A (the first instance court: the imprisonment of 4 years, the imprisonment of 2 years and 1 years and 6 months) by Defendant A is too unreasonable.
B. Defendant B’s imprisonment (three years of imprisonment) sentenced by the lower court is too unreasonable.
2. Determination
A. We examine ex officio the judgment on the grounds for appeal by the Defendant A prior to the judgment on the grounds for appeal ex officio.
The first and second judgment against the defendant was pronounced, and the defendant filed an appeal against them, and this court decided to jointly examine all the above appeal cases. Each of the offenses of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced. As such, the part of the judgment of the first and the second judgment cannot be maintained.
B. The instant crime committed on Defendant B’s assertion of unfair sentencing is a case where the Defendant committed a large-scale theft of oil from the oil pipeline by sharing his role with his accomplices, and the crime is very heavy in light of the method of the crime, etc.
As in this case, the crime of stealing oil by installing oil oil facilities on the oil pipelines is likely to lead to environmental pollution or large participation, and is highly likely to cause distortion of the petroleum distribution market.
The Defendant appears to have agreed to receive a certain percentage of the proceeds from the instant crime, and the amount of damage related to the Defendant is 2.2 billion won in the evidence record of the instant case 2016No382 at the trial court, and the amount of damage related to the Defendant reaches 2.2 billion won in the evidence record of the instant case. The Defendant’s responsibility is very heavy in that it did not receive a letter from the
The Defendant committed various crimes, such as theft, and committed a second offense despite the past record of having been sentenced to imprisonment several times.
Although there are families who confession and reflect the defendant's crime and support, the defendant's age, character, character and environment as well as the above circumstances, and the motive and means of the crime of this case.